Preparing for the Implementation of Capital Gain Tax: A Guide for Taxpayers

Introduction

The Income Tax (Exemption) (No. 7) Order 2023 has brought about significant changes in the Malaysian tax landscape. With the introduction of this order, taxpayers now have an opportunity to enjoy a tax exemption for disposal gains from unlisted company shares.

While this may seem like a positive development, it's essential for taxpayers to prepare for the transition period during the implementation of the capital gain tax.

This article aims to provide a comprehensive guide on how taxpayers can make the most of this tax exemption while staying compliant with the new regulations.

Understanding The Exemption

The Income Tax (Exemption) (No. 7) Order 2023 is a critical piece of legislation that provides tax relief to various entities in Malaysia. It essentially exempts companies, LLPs, trust bodies, and co-operatives from paying income tax on any gains or profits they receive from disposing of shares in companies incorporated in Malaysia that are not listed on the stock exchange.

This exemption is a welcome respite for many taxpayers who engage in share transactions involving unlisted entities.

Key Dates to Remember

The transition period for implementing the capital gain tax exemption under this order is from January 1, 2024, to February 29, 2024.

It is crucial for taxpayers to mark these dates on their calendars and be mindful of the window of opportunity that has been provided. Any disposal of unlisted company shares during this period will be eligible for the tax exemption.

Exemptions and Eligibility Criteria

While the tax exemption is indeed a boon for taxpayers, it is essential to note that it does not apply to all types of gains. The exemption specifically excludes gains that are chargeable to tax as business income. For example, if the disposal gains are considered part of operating revenue due to frequent share trading activities, the exemption may not be applicable.

Preparing for the Transition

Now that we have a clear understanding of the Income Tax (Exemption) (No. 7) Order 2023, let's explore how taxpayers can prepare for the transition period effectively:

Review your investment portfolio
Taxpayers should review their investment portfolios and identify unlisted company shares that they intend to dispose of during the specified period. It's essential to understand the nature of these shares and whether they qualify for the exemption.
Seek professional guidance
Tax regulations can be complex, and it is advisable to consult with tax professionals or experts who can provide personalized advice based on your specific financial situation.
Maintain detailed records
Keeping thorough records of all share transactions, including purchase and sale dates, transaction values, and any other relevant information, is crucial. These records will be valuable for tax reporting purposes.
Calculate capital gains
Understand how capital gains are calculated, and ensure you have a clear idea of the gains you expect to make during the transition period. Accurate calculations will help you estimate your potential tax savings.
Stay informed
Keep an eye on updates and announcements from the tax authorities regarding the Income Tax (Exemption) (No. 7) Order 2023. Regulations can change, so staying informed is crucial to adapt to any modifications.

Conclusion

The Income Tax (Exemption) (No. 7) Order 2023 offers Malaysian taxpayers a unique opportunity to enjoy a temporary tax exemption for gains from disposing of unlisted company shares. To make the most of this tax relief while staying compliant with the regulations, taxpayers must prepare diligently.

Review your investment portfolio, seek professional advice, maintain detailed records, calculate capital gains accurately, file tax returns timely, and stay informed about any updates in tax regulations. B

Read our past blog on capital gain tax https://www.ktp.com.my/blog/malaysias-budget-2024-capital-gain-tax-part1/23nov23

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